Suit filed to block Valley View transfer (VIDEO)

Thursday

Apr 17, 2014 at 2:00 AMApr 17, 2014 at 8:17 AM

GOSHEN — Making good on a threat he made April 9, when the Orange County Legislature voted to transfer Valley View to a local development corporation, attorney Michael Sussman filed a lawsuit Wednesday seeking to have a judge nullify the transfer.

Richard J. Bayne

GOSHEN — Making good on a threat he made April 9, when the Orange County Legislature voted to transfer Valley View to a local development corporation, attorney Michael Sussman filed a lawsuit Wednesday seeking to have a judge nullify the transfer.

Calling the suit a "moral issue," Sussman characterized Orange County Executive Steve Neuhaus as a "highly ambitious" politician who told the public at election time he had no set agenda for privatizing Valley View, then proceeded down that path. The Legislature voted 12-9 to transfer the Valley View Center for Nursing Care and Rehabilitation to a local development corporation as a preliminary step toward privatizing the facility.

On Wednesday, Sussman filed an Article 78 lawsuit in state Supreme Court in Goshen, seeking to overturn the vote. It names the county, the Legislature, Neuhaus and Orange Valley View Development Corp. as defendants. The suit was filed on behalf of about 40 employees and residents of Valley View. Sussman said residents, some of them in wheelchairs, collected signatures.

The suit contends that since privatizing Valley View would eliminate a county department, a supermajority of 14 votes should have been required to transfer it to the LDC. Sussman said his goal is to send the issue "back to the drawing board" for a new round of budget discussions.

Neuhaus has argued that the county must sell Valley View to close a projected budget gap for 2015 or face laying off hundreds of county employees or a massive tax increase.

Neuhaus' office responded to the suit in an emailed statement saying, "The county Attorney's Office is reviewing the lawsuit and we will vigorously defend against this challenge. Local development corporations have been upheld again and again by courts across New York state. We look forward to the court hearing the facts of this important case and ensuring the long-term success of Valley View nursing home."

Ulster County used a local development corporation as a vehicle to transfer its nursing home to a private firm. The new owner took over June 26.

Speaking at a news conference Wednesday, Sussman said there has been a "significant diminution of care and caring" since the private operator took over Ulster's nursing home. He contends that Orange County residents would support a one-quarter-percent tax increase to keep Valley View in county hands.

The news conference was packed with Valley View staffers and family members of residents. Wendy Gilmore of Blooming Grove, whose 89-year-old mother is in the dementia unit at Valley View, said she fears a takeover by a private firm, because care wouldn't be nearly as good as it is now.